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Encumbrances are limitations on the rights and use of the land. Easements are a common encumbrance but there are many others such as grazing rights, fishing rights, development rights, and floodplains. Legally an encumbrance is a right or interest in the land of another that may diminish its value but does not prevent its sale. Most encumbrances run with the land (consistent with the passing of the fee by conveyance). That is, they are tied to the land and will persist from owner to owner. Others exist at the pleasure of the owner, such as leases. Typically leases and similar encumbrances have an effective date and expiration date. |